HomeMy Public PortalAbout1994.08.01 Utility Easement - State of Idaho DOL�����% I D A H O D E P A R T M E N T O F L A N D S
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P R E V E N T W I L D F I R E
E Q U A L O P P O R T U N I T Y E M P L O Y E R
AMENDED
STATE OF IDAHO
EASEMENT NO. 5795
THIS INDENTURE, made this 9th day of February , 1995,
by and between the STATE OF IDAHO, Department of Lands, 1215 W.
State Street, P.O. Box 83720, Boise, Idaho 83720-0050 acting by
and through the State Board of Land Commissioners, as party of
the first part (Grantor), and CITY OF McCALL, P.O. Box 1065,
McCall, ID 83638, as party of the second part (Grantee);
WITNESSETH: That for and in consideration of the payment of
a one-time administrative fee of THREE HUNDRED and no/100ths
DOLLARS ($300.00), lawful money of the United States of America,
receipt whereof is hereby acknowledged, the Grantor does hereby
grant to the Grantee an easement for the purpose of constructing,
using, and maintaining a bridge, a 12 inch waterline and a 12
inch ductile iron effluent irrigation line over and across the
following described lands situated in VALLEY COUNTY, State of
Idaho, so much of the following described lands which were below
the natural or ordinary high water line of the North Fork of the
Payette River on the date the State of Idaho was admitted to the
Union with the right to additions thereto and subject to
deletions therefrom which have occurred, causing the boundary of
the state's ownership to change, to -wit:
A tract of land located in and adjacent to Government Lots 4
and 5 of Section 17, Township 18 North, Range 3 East, B.M., more
particularly described as follows:
Commencing at the east one -quarter (;) corner of said
Section 17; thence North 89°52'25" West, 1,790.74 feet along the
east -west center of section line to a point of curvature; thence
along a curve to the right having a radius of 1,040.00 feet, an
arc length of 48.75 feet, a central angle of 2°41'08", a chord
bearing of North 88°31'51" West, and a chord length of 48.74 feet
to a point on the east (right) bank of the North Fork of the
Payette River, said point being the REAL POINT OF BEGINNING;
thence continuing along said curve to the right having a radius
of 1,040.00 feet, an arc length of 172.46 feet, a central angle
of 9°30'04", a chord bearing of North 82°26'15" West, and a chord
length of 172.26 feet to a point on the west (left) bank of the
North Fork of the Payette River; thence along said west (left)
bank the following courses and distances; North 48°22'36" East,
58.84 feet; thence North 56°25'43" East, 48.63 feet; thence
leaving said west (left) bank and crossing said river; along a
curve to the left, having a radius of 960.00 feet, an arc length
of 135.61 feet, a central angle of 8°05'37", a chord bearing of
South 85°49'36" East, and a chord length of 135.48 feet to a
point; thence South 89°52'25" East, 27.26 feet to a point on the
Amended State of Idaho
Easement No. 5795
Page 2 of 5
east (right) bank of said North Fork of the Payette River; thence
along said east (right) bank, South 44°03'56" West, 109.52 feet,
returning to the real point of beginning, the above described
area containing 0.31 of an acre, more or less.
It is understood and agreed that the bridge, 12 inch
waterline and 12 inch ductile iron effluent irrigation line are
to be constructed and maintained in such a manner that will not
obstruct or hinder or affect navigation, recreation, or other
authorized and customary use of the North Fork of the Payette
River. The State Board of Land Commissioners reserves the right
to terminate this easement for failure to construct and maintain
the bridge, 12 inch waterline and 12 inch ductile iron effluent
irrigation line, as herein provided, upon thirty (30) days
written notice to the Grantee.
Subject to the following terms:
It is fully understood and agreed that if any future road
construction or reconstruction affects the bridge, 12 inch
waterline and 12 inch ductile iron effluent irrigation line, it
shall be the sole responsibility and expense of the Grantee for
removing, relocating, and reinstalling of said bridge, 12 inch
waterline and 12 inch ductile iron effluent irrigation line
necessitated by such construction or reconstruction. The Grantee
agrees to move the bridge, 12 inch waterline and 12 inch ductile
iron effluent irrigation line within ninety (90) days after
receiving written notice from the Grantor that new construction
or improvements are planned.
It is understood and agreed that this easement authorizes
use of this bridge, 12 inch waterline and 12 inch ductile iron
effluent irrigation line, only on the lands lying below and
between the ordinary high water marks of the North Fork of the
Payette River.
The Grantee shall comply with all state laws and with all
rules and regulations of the State Board of Land Commissioners
pertaining to watershed protection and with the Stream Channel
Protection Act as designated in Chapter 38, Title 42 of the Idaho
Code.
The Grantee shall indemnify and hold harmless the State of
Idaho and its representatives against and from any and all
demands, claims, or liabilities of every nature whatsoever,
arising directly or indirectly from or in any way connected with
the use authorized under this easement.
Amended State of Idaho
Easement No. 5795
Page 3 of 5
Upon termination or abandonment, the Grantee shall have
twelve (12) months from the date of receipt of the final notice
to remove all facilities or improvements.
All underground facilities will be abandoned in place upon
mutual agreement of Grantee and Grantor.
This easement is issued by the authority of the Rules for
Easements on Submerged Lands and Formerly Submerged Lands (IDAPA
20.03.08) dated September 9, 1992.
If the easement is not used for the specified purpose for
any five (5) year period, the Grantor may declare, in writing,
such easement forfeited and the use of the lands shall revert to
the Grantor or to the record owner of the lands.
If the easement is not used for the specified purpose within
five (5) years from the date the easement is issued, then in such
event the said lands so granted shall automatically revert to the
Grantor without any further action required by Grantor.
If the purpose for which such easement has been granted is
not completed within five (5) years after the date of issuance of
this easement, the Grantor shall have the right to declare such
easement forfeited.
Also subject to the terms and conditions of Stream Channel
Alteration Permit No. 65-S-448.
NOTE: This easement was amended to include "for the purpose
of a 12 inch ductile iron effluent irrigation line" in the second
paragraph. It will replace State of Idaho Easement No. 5795
dated August 1, 1994, which is null and void.
Amended State of Idaho
Easement No. 5795
Page 4 of 5
IN WITNESS WHEREOF, the State Board of Land Commissioners
has caused these presents to be executed by its President, the
Governor of the State of Idaho, and countersigned by the
Secretary of State and the Director, Department of Lands.
STATE BOARD OF LAND COMMISSIONERS
Governor of the State of Idaho
and President of the State Board
of Land Commissioners
Countersigned:
Secretary of State
A444Akttir'i
Director, Depart nt of Lands
* * * * * * * * * * *
Amended State of Idaho
Easement No. 5795
Page 5 of 5
STATE OF IDAHO
ss.
COUNTY OF ADA
On this 9th day of Februdry , 1995,
before me, a Notary Public in and for said State, personally
appeared PHILIP E. BATT known to me to be the Governor of the
State of Idaho and President of the State Board of Land
Commissioners; PETE T. CENARRUSA, known to me to be the Secretary
of State of the State of Idaho; and STANLEY F. HAMILTON, known to
me to be the Director of the Department of Lands of the State of
Idaho, that executed the said instrument and acknowledged to me
that such State of Idaho and State Board of Land Commissioners
executed same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on
the day and year last written above.
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w® ' NOTARY PUBL —C or Idaho
.ate �" TAR wa J
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U A R C O � B u s i n e s s F o r m s - W
JOINT APPLICATION FOR PERMIT
U.S. ARMY CORPS OF ENGINEERS
AND
STATE OF IDAHO, DEPARTMENT OF WATER RESOURCES
STATE OF IDAHO, DEPARTMENT OF LANDS
SEPARATE PERMIT DECISIONS MUST
BE RECEIVED FROM BOTH THE STATE
OF IDAHO AND THE CORPS OF
ENGINEERS `'RIOR TO START OF
WORK
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the
Clean Water Act. These laws require permits authorizing structures and work in or affecting navigable waters of the United States
and the discharge of dredged or fill material into waters of the United States, including their adjacent wetlands. State permits
are required under the State of Idaho, Stream Channel Protection Act (Title 42, Chapter 38, Idaho Code) and the Idaho Lake Protec-
tion Act, Section 58-142 et. seq, Idaho Code. This application will meet the requirements of the above agencies.
1. Corps of Engineers 0
Date Received
2. State of Idaho
Date Received
PLEASE TYPE OR PRINT
3. Applicant City of McCall 4. Authorized Agent Toothman—Orton Engineering Co
Mailing Address PO Box 1065 Mailing Address 1802 North 33rd Street
McCall, ID 83638 Boise, ID 83703
Area
Work Phone
Ar� 634-7142 Home (Are' NA Work Phone (A5'13 342-5511 Haw( )
Fax Number 208/634-3038
5. Location where proposed activity exists or will occur.
Waterway North Fork of Payette River
City of McCall
In or near city or town
Valley ID 83638
County
State Zip Code
Date of Application
Tributary of:
Assessor's Desc. (Tax No. or Subdivision, Lot 8 Block No.)
*(See instructions)
Payette River
17 18N
1/4 1/4 Section
UTM Coordinate Grid
Township
3E
Range
or
6e Describe the proposed activity, including description of the type of structures, if any, to be erected on fills,
float -supported platforms. If additional space is needed, use a separate sheet or Section 16 (Remarks).
Install an 12" PVC waterline across the North Fork of Payette River. See attached
or pile or
construction narrative.
Describe construction methods and equipment:
See attached construction narrative.
List all soil series located at project site, and indicate if any are on the county's hydric soils list:
Kangas fine gravelly loamy coarse sand
Length of project along the stream or extension into lake or reservoir:
Will material be placed waterward of ordinary high water mark? Yes, If yes, volime:NA (Waterline)(cubic yards)
Will material be placed in wetlands? No If yes, area: (acres)
Type and composition of fill material: sand and ;;ravel (i.e. sand, etc,) Material Source: local commercial pits
Will excavation be required? Ye S If yes, volume: 1 OOCY (cubic yards) Composition
(both temporary and permanent)
Disposal site for excavated material:material used as backfiliethod of dredging:
Stream gradient:
0.005 ft/ft
Method of controlling turbidity: Use of clean material with few fines
Trackhoe
7. Size and flow capacity of proposed bridge or culvert and_prea of drainage served (sq. miles):
(Idaho Department of Water Resources requirement.) NA
-nom TOM,
8. Preparation of drawings. One set of original or good quality reproducible drawings must be attached to this application.
MOTE: DRAWINGS NO LARGER THAN 8-1/2 X 11 INCHES IN SIZE. See the instruction pamphlet for instructions and a checklist for
completing the drawings. Include photographs of the project site mounted on 8-1/2 x 11 sheets.
9. Purpose and intended use: Commercial Public Y' Private Other
Describe New waterline will become part of existing public water system.
Necessity and justification for project Safety, increase domestic water and fire flow delivery.
* 10. Proposed Starting Date 15 September 94 & 95 Estimated Duration 45 days
11. If any portion of the activity is complete, indicate month and year of completion
Indicate the existing work on the drawings.
NA
%' 12. Names, addresses, and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins the waterway.
ED Check here if the alteration is located on endowment lands administered by the Idaho Department of Lands
13. LEGAL OWNER IF
OTHER THAN APPLICANT
NAILING ADDRESS
PHONE
State of Idaho
AREA AREA
WORK(_) HOME( )
CITY, STATE,
ZIP CODE
14. List other applications, approvals, or certifications from other Federal, interstate, state, or local agencies for any
structures, constructions, discharges, deposits, or other activites described in the application.
Issuing Agency
Type of Approval Identification No. Date of Application Date of Approval
15. Has any agency denied approm l for the activity described herein or for any activity directly related to the activity described
herein? Yes No A (If "Yes" explain)
16. Remarks or additional information:
-'Proposed construction start date may be September 15, 1994 and/or 1995 depends g a1,City
of McCall Water System Improvement Project.
*Proposed Payette River waterline crossing is within public Rights -of -Way. Access to the
proposed crossing will be within public Rights-of-Way.
17. Application is hereby made for a permit or permits to authorize the activities described herein. 1 certify that 1 am familiar
with the information contained in this application, and that to the best of my knowledge and belief, such information is true,
complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant
to the agencies to which this application is made, the right to come upon the above -described location to inspect the proposed
or completed w rk.
5 /z y V
Date Signature of
Pp!
icant (REQUIRED)
The application must be signed by the applicant. If an authorized agent is to be designated, Item 4 and the following
information should be completed.
I hereby designate Toothrl n-0rt-Cn Ellineaing CO. to act as
understand that if a Federal permit is issued, 1 must sign the permitgent in matters related to this permit application. I
Mai // /9.?/ �Signature e �h,��
Date ✓ /
ignature of Authorized Agent (if applicable) Signature licant (if applicable)
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any departtm4htor age y of the
United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false,
fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain
any false, fictitious, or fraudulent statement or entry, shall be fined not more than S10,000 or imprisoned not more than 5
years or both. Do not sent a Federal permit processing fee with this application. The appropriate fee will be assessed when a
permit is issued.
C' ty f M al
304
(Rev)
DO NOT SEND FEDERAL PROCESSING FEE WITH APPLICATION
1DWR Form 3804-8
Feb 92 (REV)
City of McCall
WATER SYSTEM EMPROVEMENTS 1994 - 1996
PAYEiTE RIVER WATERLINE CROSSING
CONSTRUCTION NARRATIVE
The City of McCall has initiated the Water System Improvement Project through the passage
of a bond issue in 1993. The Project constitutes construction of a Water Treatment Plant
with supply lines from existing pump stations and upgrades to the distribution system.
Construction is scheduled to start fall of 1994 and complete in 1996.
A portion of the project is to provide a third Payette River water line crossing, at the
southern city limits (River Crossing). The crossing will amplify the domestic water and fire
flow delivery to the south west section of McCall. Construction of the river crossing is
scheduled for the fall of 1994 when the flow of the Payette River is at its annual low. The
anticipated start of construction is September 15, 1994 and/or 1995 with completion within
45 days.
The River Crossing consists of a 12-inch diameter PVC pipe, conforming to AWWA C-900,
installed 3 feet below the river bottom. The pipe will be laid on 4-inch thick layer of 3/4-
inch aggregate and encased in concrete. Bacldill, consisting of native material or processed
gravel and sand, will be placed above the concrete cap to original grade. Rip rap material
will be placed on each side of the river between the river bottom and top of bank over the
trench area after backfilling. Twelve inch gate valves will be located on both sides of the
river above the high water mark.
The proposed construction procedure to install the River Crossing will require temporarily
diverting the Payette River around the work area. Diversion will be accomplished by
constructing a temporary, watertight, coffer dam across approximately one-half of the river
channel at one time. The work area will be de -watered by pumping to a temporary sediment
pond, constructed on the river bank adjacent to the work area, before being allowed to return
to the stream. Upon completion of the River Crossing, all coffer dam materials will be
removed from the river channel and all disturbed areas will be re -vegetated. Turbidity will
be kept to a minimum during the construction period by minimizing disturbance to the river
channel and minimizing the amount of equipment working below the river bottom.
All work will comply with sections 9,1., 9,2. and 9,11. of the State of Idaho, Department of
Water Resourses Rules and Regulations regarding Stream Alterations, dated November 1992.
Access for the work will be from public rights -of -way located on both sides of the river.
G:\92016\WPM-ES\RIVER.N AR
RIO VISTA BLVD.
INDUSTRIAL
s-otAL 64,, CONNECT TO
�(r�STER /jam EXISTING WATERLINE
Q%
/277
in
PROPOSED
RIVER CROSSING i>
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' 4141) `%@�`��
18 117
19 20
1
VICINITY MAP
CITY of McCALL
WATER SYSTEM IMPROVEMENTS, 1994-1996
PAYETTE RIVER CROSSING
LOCATED IN
TOOTHMAN-ORTON ENGINEERING COMPANY
1802 NORTH 33RD STREET McCALL AIR TAXI BUILDING
BOISE, IDAHO 83703 McCALL, IDAHO 83638
(208) 342-5511 (208) 634-4863
LN.
17
CONNECT TO
EXISTING WATERLINE
PROPOSED
WATERLINE
C I T Y
17't 16
20 21 —
STIBNITE ST.
_ APPROXIMATE
SCALE: 1" =750
DEINf RIA D
I
EXISTING :CITY of • Md6ALL
"SEWER PUMP STATION
100—YEAR
HIGH WATER
-' fir^ .•'% r
r' 't;�
�'
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r� . jam` r' • +-' / +
EXISTING RIVER CROSSING
EXISTING RIVER CROSSING
10" SEWER ,
r
/ •
r'
12" GATE VALVE
12" BEND
PLAN VIEW 11D
CITY of McCALL
WATER SYSTEM IMPROVEMENTS, 1994-1996
PAYETTE RIVER CROSSING
LOCATED IN
C.
TOOTHMAN-ORTON ENGINEERING COMPANY
APPROXIMATE 1802 NORTH 33RD STREET McCALL AIR TAXI BUILDING
SCALE: 1" =50' BOISE, IDAHO 83703 McCALL, IDAHO 83638
(208) 342-5511 (208) 634-4863
4945
4940
4935
4930
4925
4920
t�
RIPRAP REQUIRED
OVER TRENCH
12- WATERUNE
OPICINAL
GRADE
12' GATE VALVE
HA
(1 YEAR)
ELEV.. 4935.0
I
12' BE
40 W
THRUST
BLOCK
1 z W5
(1B/OCT/93)
\i
ELEV. 4929.0
12.
BEND W
RU!T
BLOCK
111
1
'--CONCRETE
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s
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50 100
150 9nn 95n inn Isn
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RIVER CROSSING PROFILE
N O T ES
0
NATIVE
MATERIAL
BACKFILL
2' + PIPE DIA
CONCRETE
ENCASEMENT
(MIN. 6°
OVER PIPE)
3/4' MINUS
UNCRUSHED
AGGREGATE
Errw��J mpii� ewor 4 M I N
r b_�t iat..2a..k
TRENCH DETAIL AT
RIVER CROSSING
(NO SCALE)
1. ALL WORK SHALL BE IN ACCORDANCE WITH THE "JOINT APPLICATION FOR PERMIT" AND THE SPECIFICATIONS.
2. DUE TO PROXIMITY TO THE RIVER, GROUNDWATER SHOULD BE ANTICIPATED DURING ENTIRE CONSTRUCTION.
3. CONCRETE ENCASEMENT SHALL EXTEND 10' BEYOND HIGH WATER LIMITS ON BOTH SIDES OF RIVER.
4. SEE SPECIFICATIONS FOR SEQUENCE OF WORK.
TOOTIIMAN—ORTON ENGINEERING COMPANY
1802 NORTH 33RD STREET
BOISE, IDAHO 83703
(208) 342-5511
McCALL AIR TAXI BUILDING
McCALL, IDAHO 83638
(208) 634-4863
CROSSING PROFILE
CITY of McCALL
WATER SYSTEM IMPROVEMENTS, 1994-1996
PAYETTE RIVER CROSSING
TO
TOOTHMAN-ORTON ENGINEERING COMPANY
Consulting Engineers and Planners
1802 N. 33RD
BOISE, IDAHO 83703
PHONE: (208) 342.5511
.a4/27411^il k497,e /4E souses, k 57-25, ,/
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GENTLEMEN:
WE ARE SENDING YOU ce Attached ❑ Under separate cover
❑ Shop drawings ❑ Prints
❑ Copy of letter
❑ Change order
0 T U D GJ KSRI DITUALL,
DATE
�`/3 /9vj2c�iio
JOB NO
ATTE iON
67 �A/E Cj i/S so's/
RE
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O/N i 4I^!'"i 164- c., Fe.9K
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,
via the following items:
❑ Plans
SEf
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
2
j0/..,r
APr'</,'v4-77o✓
..+7e
,47,0-,e4--,.T
THESE ARE TRANSMITTED as checked below:
For approval
❑ For your use
❑ As requested
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit
❑ Submit
❑ Return
copies for approval
copies for distribution
corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
T�,Pr.9Sf Cs9«- %-t�,2 4;oe'sno.is
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COPY TO C47r'1 ijie
SIGNED: , /& ��
IDAHO DEPARTMENT OF LANDS
1215 W. State Boise Idaho 83720-7000
STANLEY F. HAMILTON - DIRECTOR
June 10, 1994
Mr. Arthur Schmidt, City Administrator
City of McCall
P.O. Box 1065
tvicOall, ID 83638
SUBJECT: Waterline - Bed of the North Fork of Payette River
(Parts of Section 17, Township 18 North, Range 3 East, B.M.)
Dear Mr. Schmidt:
Your installation of a waterline across the North Fork of the Payette River
will require a permanent easement from our department. The easement from
our department gives you the legal right to have your installation below and
between the natural and ordinary high water marks of the river. The state owns
the bed of the river and the air space above the riverbed between the natural
and ordinary high water marks (permanent vegetation line). The easement shall
be issued for a one-time administrative fee of $300.00, contingent upon
approval and issuance of other required permits.
I will need some further survey or location information before I can
prepare the easement. I will need a distance in feet and a compass bearing
from some established survey corner, ie. section corner, quarter corner, river
meander corner or subdivision lot boundary to the point where the waterline
crosses the high water mark. Then I will also need a width, distance and a
centerline compass bearing of any and all portions of the waterline lying below
and between the ordinary high water mark.
Upon receipt in this office of your $300.00 check, made payable to Idaho
Department of Lands, and the required survey information, including three (3)
81/2 X 11" plats, the easement shall be issued to you.
BOARD OF LAND
COMMISSIONERS
CECIL D. ANDRUS
Governor
PETE T. CENARRUSA
Secretary of State
LARRYECHOHAWK
Attorney General
J.D. WILLIAMS
State Auditor
JERRY L. EVANS
Sup't. of Public
Instruction
KEEP IDAHO GREEN
PREVENT WILDFIRE
EQUAL OPPORTUNITY EMPLOYER
Thank you for your cooperation in this matter. If you have any
questions, please call me at 334-0259.
Sincerely yours,
.ax," .444)
Donald F. McNarie
Real Estate Specialist
Bureau of Real Estate
DFM:smc
c: AS -Payette Lakes
Tocthman-Orton Engineering Co.
STATE OF IDAHO
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EASEMENT NO. 5795 T � C
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THIS INDENTURE, made this 1st day of Augusts,994, `-`3
by and between the STATE OF IDAHO, Department of Lands, rn5 W...;,
State Street, P.O. Box 83720, Boise, Idaho 83720-0050 ac ing by
and through the State Board of Land Commissioners, as par y of c'`
the first part (Grantor), and CITY OF McCALL, P.O. Box 1065,
McCall, Idaho 83638, as party of the second part (Grantee);
WITNESSETH: That for and in consideration of the payment of
a one-time administrative fee of THREE HUNDRED and no/100ths
DOLLARS ($300.00), lawful money of the United States of America,
receipt whereof is hereby acknowledged, the Grantor does hereby
grant to the Grantee an easement for the purpose of constructing,
using, and maintaining a bridge and waterline over and across the
following described lands situated in VALLEY COUNTY, State of
Idaho, so much of the following described lands which were below
the natural or ordinary hibh water line of the North Fork of the
Payette River on the date the State of Idaho was admitted to the
Union with the right to additions thereto and subject to
deletions therefrom which have occurred, causing the boundary of
the state's ownership to change, to -wit:
A tract of land located in and adjacent to Government Lots 4
and 5 of Section 17, Township 18 North, Range 3 East, B.M., more
particularly described as follows:
Commencing at the east one -quarter (;) corner of said
Section 17; thence North 89°52'25" West, 1,790.74 feet along the
east -west center of section line to a point of curvature; thence,
along a curve to the right having a radius of 1,040.00 feet, an
arc length of 48.75 feet, a central angle of 2°41'08", a chord
bearing of North 88°31'51" West, and a chord length of 48.74 feet
to a point on the east (right) bank of the North Fork of the
Payette River, said point being the REAL POINT OF BEGINNING;
thence continuing along said curve to the right having a radius
of 1,040.00 feet, an arc length of 172.46 feet, a central angle
of 9°30'04", a chord bearing of North 82°26'15" West, and a chord
length of 172.26 feet to a point on the west (left) bank of the
North Fork of the Payette River; thence along said west (left)
bank the following courses and distances; North 48°22'36" East,
58.84 feet; thence North 56°25'43" East, 48.63 feet; thence
leaving said west (left) bank and crossing said river; along a
curve to the left, having a radius of 960.00 feet, an arc length
of 135.61 feet, a central angle of 8°05'37", a chord bearing of
South 85°49'36" East, and a chord length of 135.48 feet to a
point; thence South 89°52'25" East, 27.26 feet to a point on the
east (right) bank of said North Fork of the Payette River; thence
along said east (right) bank, South 44°03'56" West, 109.52 feet,
returning to the real point of beginning, the above described
area containing 0.31 of an acre, more or less.
State of Idaho
Easement No. 5795
Page 2 of 4
It is understood and agreed that the bridge and waterline is
to be constructed and maintained in such a manner that will not
obstruct or hinder or affect navigation, recreation, or other
authorized and customary use of the North Fork of the Payette
River. The State Board of Land Commissioners reserves the right
to terminate this easement for failure to construct and maintain
the bridge and waterline as herein provided, upon thirty (30)
days written notice to the Grantee.
Subject to the following terms:
It is fully understood and agreed that if any future road
construction or reconstruction affects the buried waterline it
shall be the sole responsibility and expense of the Grantee for
removing, relocating, and reinstalling of said buried waterline
necessitated by such construction or reconstruction. The Grantee
agrees to move the buried waterline within ninety (90) days after
receiving written notice from the Grantor that new construction
or improvements are planned.
It is understood and agreed that this easement authorizes
use of this bridge and buried waterline only on the lands lying
below and between the high water marks of the North Fork of the
Payette River.
The Grantee shall comply with all state laws and with all
rules and regulations of the State Board of Land Commissioners
pertaining to watershed protection and with the Stream Channel
Protection Act as designated in Chapter 38, Title 42 of the Idaho
Code.
The Grantee shall indemnify and hold harmless the State of
Idaho and its representatives against and from any and all
demands, claims, or liabilities of every nature whatsoever,
arising directly or indirectly from or in any way connected with
the use authorized under this easement.
Upon termination or abandonment, the Grantee shall have
twelve (12) months from the date of receipt of the final notice
to remove all facilities or improvements.
All underground facilities will be abandoned in place upon
mutual agreement of Grantee and Grantor.
This easement is issued by the authority of the Rules for
Easements on Submerged Lands and Formerly Submerged Lands (IDAPA
20.21) dated September 9, 1992.
State of Idaho
Easement No. 5795
Page 3 of 4
If the easement is not used for the specified purpose for
any five (5) year period, the Grantor may declare, in writing,
such easement forfeited and the use of the lands shall revert to
the Grantor or to the record owner of the lands.
If the easement is not used for the specified purpose within
five (5) years from the date the easement is issued, then in such
event the said lands so granted shall automatically revert to the
Grantor without any further action required by Grantor.
If the purpose for which such easement has been granted is
not completed within five (5) years after the date of issuance of
this easement, the Grantor shall have the right to declare such
easement forfeited.
Also subject to the terms and conditions of Stream Channel
Alteration Permit No. 65-S-448.
IN WITNESS WHEREOF, the State Board of Land Commissioners
has caused these presents to be executed by its President, the
Governor of the State of Idaho, and countersigned by the
Secretary of State and the Director, Department of Lands.
Countersiged:
STATE BOARD OF LAND COMMISSIONERS
Governor of the State of Idaho
and President of the State Board
of Land Commissioners
Secretary of State
j/
Director,/Depart nt of Lands
State of Idaho
Easement No. 5795
Page 4 of 4
STATE OF IDAHO
SS.
COUNTY OF ADA
On this 1st day of August , 1994,
before me, a Notary Public in and for said State, personally
appeared CECIL D. ANDRUS, known to me to be the Governor of the
State of Idaho and President of the State Board of Land
Commissioners; PETE T. CENARRUSA, known to me to be the Secretary
of State of the State of Idaho; and STANLEY F. HAMILTON, known to
me to be the Director of the Department of Lands of the State of
Idaho, that executed the said instrument and acknowledged to me
that such State of Idaho and State Board of Land Commissioners
executed same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on
the day and year last written above.
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RIVER CROSSING EASEMENT
CITY of McCALL
PUBLIC ROAD/BRIDGE AND UTILITY
RIVER CROSSING
LOCATED IN
SECTION 17, T.18N.,R.3E.,B.M.
TOOTHMAN-ORTON ENGINEERING COMPANY
1802 NORTH 33RD STREET
BOISE, IDAHO 83703
(208) 342-5511
McCALL AIR TAXI BUILDING
McCALL, IDAHO 83638
(208) 634-4863
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CONNECT TO
EXISTING WATERLINE
VICINITY MAP
CITY of McCALL
WATER SYSTEM IMPROVEMENTS, 1994-1996
PAYETTE RIVER CROSSING
LOCATED IN
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PROPOSED n
RIVER CROSSING 1D
18117—TOOTHMAN—ORTON ENGINEERING COMPANY
19 . 20 1802 NORTH 33RD STREET McCALL AIR TAXI BUILDING
BOISE, IDAHO 83703 McCALL, IDAHO 83638
I (208) 342-5511 (208) 634-4863
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12" BEND
PLAN VIEW
CITY of McCALL
WAFER SYSTEM IMPROVEMENTS, 1994— 096
PAYETTE RIVER CROSSING
LOCATED IN
T.18N.,R.3E.,B.M.
TOOTHMAN-ORTON ENGINEERING COMPANY
APPROXIMATE 1802 NORTH 33RD STREET
SCALE: 1"=50' BOISE, IDAHO 83703
(208) 342-5511
McCALL AIR TAXI BUILDING
McCALL, IDAHO 83638
(208) 634-4863
RIPRAP REQUIRED
OVER TRENCH
If WATERLWE
ORIGINAL
GRADE
12' GATE VALVE
T HM
(100-YEAR)
ELEV. 4935.0401
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4940
4935
4930
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49200 50 100 150 200 250 300 350 400
RIVER CROSSING PROFILE
277
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NATIVE
MATERIAL
BACKFILL
CONCRETE
ENCASEMENT
(MIN. 6"
OVER PIPE)
3/4" MINUS
UNCRUSHED
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TRENCH DETAIL AT
RIVER CROSSING
(NO SCALE)
1. ALL WORK SHALL BE IN ACCORDANCE WITH THE "JOINT APPLICATION FOR PERMIT" AND THE SPECIFICATIONS.
2. DUE TO PROXIMITY TO THE RIVER, GROUNDWATER SHOULD BE ANTICIPATED DURING ENTIRE CONSTRUCTION.
3. CONCRETE ENCASEMENT SHALL EXTEND 10' BEYOND HIGH WATER LIMITS ON BOTH SIDES OF RIVER.
4. SEE SPECIFICATIONS FOR SEQUENCE OF WORK.
TOOTHMAN-ORTON ENGINEERING COMPANY CROSSING PROFILE
CITY of McCALL
WATER SYSTEM IMPROVEMENTS, 1994-1996
PAYETTE RIVER CROSSING
1802 NORTH 33RD STREET
BOISE, IDAHO 83703
(208) 342-5511
McCALL AIR TAXI BUILDING
McCALL, IDAHO 83638
(208) 634-4863
DEPARTMENT OF THE ARMY
WALLA WALLA DISTRICT, CORPS OF ENGINEERS
WALLA WALLA, WASHINGTON 99362.9265
October 18, 1994
REPLY TO
ATTENTION OF:
Operations Division
SUBJECT: NPW No. 940201480
City of McCall
P.O. Box 1065
McCall, Idaho 83638
Gentlemen:
This is in regard to your proposed discharge of dredged and
fill material in the North Fork Payette River associated with the
installation of a 12" PVC waterline, which was the subject of your
Joint Application for Permit, Idaho No. 65-S-448, dated May 12,
1994. Section 404 of the Clean Water Act (33 U.S.C. 1344)
requires that a Department of the Army permit be issued for the
discharge of dredged or fill material into waters of the United
States, including wetlands. This includes excavation activities
which result in the discharge of dredged material and destroy or
degrade waters of the United States.
Based on the information provided in your application, your
project complies with the terms and conditions of Nationwide
Permits 12 and 33 (33 CFR 330, Appendix A) and is authorized,
subject to the enclosed list of conditions.
Please carefully review these conditions. If these required
conditions cannot be met, the nationwide permit is not valid and
an individual permit must be processed and issued prior to the
start of construction. If you should change your project from
the description provided in your application, the nationwide
permit may not be valid and you should contact us prior to the
start of construction.
This notification is valid for 2 years from the date of this
letter unless the nationwide permit is modified, reissued, or.
revoked. However, it will remain valid until that: date if the
nationwide permit is reissued without modification or your
proposed project complies with the modified nationwide permit.
If you commence or are under contract to commence this activity
before the date the nationwide permit is modified or revoked, you
will have 12 months from the date of the modification or
revocation to complete the activity under the present terms and
conditions of this nationwide permit.
-2-
This determination is applicable only to Department of the
Army permits administered by the Corps of Engineers. It does not
relieve you of the responsibility to obtain other Federal, state,
and local permits which may be required. Authorization is
required from the Idaho Department of Water Resources for your
project. You should contact them to obtain any necessary permits
prior to the start of construction.
Your project may also be subject to a local floodplain man-
agement ordinance adopted pursuant to the National Flood Insur-
ance Program. I recommend that you contact your city or county
zoning office regarding any approvals required under their
jurisdiction.
Please contact Mr. Greg Martinez of my Boise Regulatory
office at 208-343-0671 with regard to any questions you may have
in this matter.
Sincerely,
/0.. A. Bradley Daly
Chief, Regulatory Branch
Enclosure
Copy Furnished:
Idaho Department of Water Resources
Western Region
2735 Airport Way
Boise, Idaho 83705
NATIONWIDE PERMIT 12
Utility Line Backfill and Bedding.
Discharges of material for backfill or bedding for utility lines, includ-
ing outfall and intake structures, provided there is no change in preconstruc-
tion contours. A "utility line" is defined as any pipe or pipeline for the
transportation of any gaseous, liquid, liquefiable, or slurry substance, for
any purpose, and any cable, line, or wire for the transmission for any purpose
of electrical energy, telephone and telegraph messages, and radio and
television communication. The term "utility line" does not include activities
which drain a water of the United States, such as drainage tile, however, it
does apply to pipes conveying drainage from another area. Material resulting
from trench excavation may be temporarily sidecast (up to three months) into
waters of the United States provided that the material is not placed in such a
manner that it is dispersed by currents or other forces. The DE may extend
the period of temporary side -casting up to 180 days, where appropriate. The
area of waters of the United States that is disturbed must be limited to the
minimum necessary to construct the utility line. In wetlands, the top 6" to
12" of the trench should generally be backfilled with topsoil from the trench.
Excess material must be removed to upland areas immediately upon completion of
construction. Any exposed slopes and streambanks must be stabilized
immediately upon completion of the utility line. The utility line itself will
require a Section 10 permit if in navigable waters of the United States. (See
CFR Part 322).
WATER QUALITY CERTIFICATION CONDITION
1. The linear distance of construction shall be limited to 250 feet in
waters of the U.S.
2. The time which material can be temporarily placed in wetlands shall be
limited to thirty (30) days.
3. Material placed in wetlands must be placed on filter fabric.
4. Reestablishment of vegetation is required in all areas disturbed by
construction.
5. This NWP does not authorize the placement of utility lines that would
carry drainage from any wetland.
NATIONWIDE PERMIT CONDITIONS
General Conditions: The following general conditions must be followed in
order for any authorization by a nationwide permit to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect
on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats or other measures must be taken to minimize soil disturbance.
6. Regional and case -by -case conditions. The activity must comply with
any regional conditions which may have been added by the division engineer
(see 33 CFR 330.4(e)) and any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. An activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal rights. No activity or its operation may impair reserved
tribal rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water quality certification. In certain States, an individual State
water quality certification must be obtained or waived (see 33 CFR.4(d)).
10. Coastal zone management. In certain States, an individual State
coastal zone management consistency concurrence must be obtained or waived
(see 33 CFR.4(d)).
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall
notify the district engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the district engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
and their critical habitat can be obtained from the U.S. Fish and Wildlife
Service and National Marine Fisheries Service (see 33 CFR 330.4(f)).
12. Historic properties. No activity which may affect Historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the DE has complied with the provisions
of 33 CFR 325, Appendix C. The prospective permittee must notify the district
engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity as authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
Section 404 Only Conditions: If addition to the General Conditions, the
following conditions apply only to activities that involve the discharge of
dredged or fill material and must be followed in order for authorization by
the nationwide permits to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for repair of the public water supply intake structures or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by nationwide
permit 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and
material discharged must be free from toxic pollutants in toxic amounts (see
section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e. on -site), unless the DE has approved a
compensation mitigation plan for the specific regulated activity.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstruction of high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse impacts from impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
NATIONWIDE PERMIT 33
Temporary Construction, Access and Dewaterinq.
Temporary structures and discharges, including cofferdams, necessary for
construction sites; provided the associated permanent activity was previously
authorized by the Corps of Engineers or the U.S. Coast Guard, or for bridge
construction activities not subject to Federal regulation. Appropriate
measures must be taken to maintain near normal downstream flows and to
minimize flooding. Fill must be of materials and placed in a manner that will
not be eroded by expected high flows. Temporary fill must be entirely removed
to upland areas following completion of the construction activity and the
affected areas restored to the pre -project conditions. Cofferdams cannot be
used to dewater wetlands or other aquatic areas so as to change their use.
Structures left in place after cofferdams are removed require a section 10
permit if located in navigable waters of the United States. (See 33 CFR part
322). The permittee must notify the district engineer in accordance with the
"Notification" general condition. The notification must also include a
restoration plan of reasonable measures to avoid and minimize impacts to
aquatic resources. The district engineer will add special conditions, where
necessary, to ensure that adverse environmental impacts are minimal. Such
conditions may include; limiting the temporary work to the minimum necessary:
requiring seasonal restrictions; modifying the restoration plan; and requiring
alternative construction methods (e.g. construction mats in wetlands where
practicable). This nationwide permit does not authorize temporary structures
or fill associated with mining activities or the construction of marina basins
which have not been authorized by the Corps.
WATER QUALITY CONDITION
Temporary construction and access in intermittent streams and special
aquatic sites, including wetlands are not authorized by this permit.
NATIONWIDE PERMIT CONDITIONS
General Conditions: The following general conditions must be followed in
order for any authorization by a nationwide permit to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect
on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats
or other measures must be taken to minimize soil disturbance.
6. Regional and case -by -care conditions. The activity must comply with
any regional conditions which may have been added by the division engineer
(see 33 CFR 330.4(e)) and any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. An activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal rights. No activity or its operation may impair reserved
tribal rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water quality certification. In certain States, an individual State
coastal zone management consistency concurrence must be obtained or waived
(see 33 CFR.4(d)).
10. Coastal zone management. In certain States, an individual State
coastal zone management consistency concurrence must be obtained or waived
(see 33 CFR.4(d)).
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall
notify the district engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the district engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
and their critical habitat can be obtained from the U.S. Fish and Wildlife
Service and National Marine Fisheries Service (see 33 CFR 330.4(f)).
12. Historic properties. No activity which may affect Historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the DE has complied with the provisions
of 33 CFR 325, Appendix C. The prospective permittee must notify the district
engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity as authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
(a) Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division
engineer; or
(2) If notified by the District or Division engineer that an individual
permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt of the
notification and the prospective permittee has not received notice from the
District or Division Engineer. Subsequently, the permittee's right to proceed
under the NWP may be modified, suspended, or revoked only in accordance with
the procedure set forth in 33 CFR 330.5(d)(2).
(b) The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s) regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or any
related activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted:
(i) The USFWS/NMFS regarding the presence of any Federally listed (or
proposed for listing) endangered or threatened species or critical habitat in
the permit area that may be affected by the proposed project; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and lists of
critical habitat.)
(ii) The SHPO regarding the presence of any historic properties in the
permit area that may be affected by the proposed project; and the available
information, if any, provided by that agency.
(c) The standard individual permit application form (Form ENG 4345) may be
used as the notification but must clearly indicate that it is a PDN and must
include all of the information required in (b)(1)-(5) of General Condition 13.
(d) In reviewing an activity under the notification procedure, the
District Engineer will first determine whether the activity will result in
more than minimal individual or cumulative adverse environmental effects or
will be contrary to the public interest. The prospective permittee may, at
his option, submit a proposed mitigation plan with the predischarge
notification to expedite the process and the District Engineer will consider
any optional mitigation the applicant has included in the proposal in
determining whether the net adverse environmental effects of the proposed work
are minimal. The District Engineer will consider any comments from Federal
and State agencies concerning the proposed activity's compliance with the
terms and conditions of the nationwide permits and the need for mitigation to
reduce the project's adverse environmental effects to a minimal level. The
district engineer will upon receipt of a notification provide immediately
(e.g. facsimile transmission, overnight mail or other expeditious manner (a
copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA, and, if appropriate, the
National Marine Fisheries Service. With the exception of NWP 37, these
agencies will then have 5 calendar days from the date the material is
transmitted to telephone the District Engineer if they intend to provide
substantive, site -specific comments. If so contacted by an agency, the
District Engineer will wait an additional 10 calendar days before making a
decision on the notification. The District engineer will fully consider
agency comments received within the specified time frame, but will provide no
response to the resource agency. The District Engineer will indicate in the
administrative record associated with each notification that the resource
agencies' concerns were considered. Applicants are encouraged to provide the
Corps multiple copies of notifications to expedite agency notification. If
the District Engineer determines that the activity complies with the terms and
conditions of the NWP and that the adverse effects are minimal, he will notify
the permittee and include any conditions he deems necessary. If the District
Engineer determines that the adverse effects of the proposed work are more
than minimal, then he will notify the applicant either: (1) That the project
does not qualify for authorization under the NWP and instruct the applicant on
the procedures to seek authorization under an individual permit; or (2) that
the project is authorized under the nationwide permit subject to the
applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level. This mitigation proposal must be approved by
the District Engineer prior to commencing work. If the prospective permittee
elects to submit a mitigation plan, the DE will expeditiously review the
proposed mitigation plan, but will not commence a second 30-day notification
procedure. If the net adverse effects of the project (with the mitigation
proposal) are determined by the District Engineer to be minimal, the District
Engineer will provide a timely written response to the applicant informing him
that the project can proceed under the terms and conditions of the nationwide
permit.
(e) Wetlands Delineations: Wetland delineations must be prepared in
accordance with the current method required by the Corps. The permittee may
ask the Corps to delineate the special aquatic site. There may be some delay
if the Corps does the delineation. Furthermore, the 30-day period will not
start until the wetland delineation has been completed.
(f) Mitigation: Factors that the District Engineer will consider when
determining the acceptability of appropriate and practicable mitigation
I
include, but are not limited to:
(1) To be practicable the mitigation must be available and capable of
being done considering costs, existing technology, and logistics in light of
overall project purposes:
(2) To the extent appropriate, permittees should consider mitigation
banking and other forms of mitigation including contributions to wetland trust
funds, which contribute to the restoration, creation, replacement,
enhancement, or preservation of wetlands.
Furthermore, examples of mitigation that may be appropriate and practicable
include but are not limited to: reducing the size of the project; establishing
buffer zones to protect aquatic resource values; and replacing the loss of
aquatic resource values by creating, restoring, and enhancing similar
functions and values. In addition, mitigation must address impacts and cannot
be used to offset the acreage of wetland losses that would occur in order to
meet the acreage limits of some of the nationwide permits (e.g. 5 acres of
wetlands cannot be created to change a 6 acre loss of wetlands to a 1 acre
loss; however, the 5 created acres can be used to reduce the impacts of the 6
acre loss.
Section 404 Only Conditions: If addition to the General Conditions, the
following conditions apply only to activities that involve the discharge of
dredged or fill material and must be followed in order for authorization by
the nationwide permits to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for repair of the public water supply intake structures or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by nationwide
permit 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and
material discharged must be free from toxic pollutants in toxic amounts (see
section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e. on -site), unless the DE has approved a
compensation mitigation plan for the specific regulated activity.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. Obstruction of high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse impacts from impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.